New Hampshire's Medicaid Estate Recovery Program is administered by DHHS through its Estate Recovery Unit. One point that catches families off guard: a home that was exempt from being counted as an asset while someone was alive and receiving benefits is not automatically protected from recovery after they die — those are two separate legal questions.
New Hampshire's recovery statute reaches further than a conventional probate-only approach. Property held in a revocable trust is subject to recovery, and the recoverable estate specifically includes a recipient's joint-tenancy-with-survivorship interest and life-estate interest, for qualifying interests established on or after July 1, 2005 — a detail codified at RSA 167:14-a.
The rules do build in a safety valve: under He-W 800, an administrator or executor, a surviving joint tenant, or a life-estate remainderman is entitled to written notice of the right to request a waiver if recovery would create an undue hardship.
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